majikman

I have a personalized shirts business (small and on the side). Basically the customer comes in with their design and I print it for them. Sometimes on vinyl sometimes its screen printing. Lets say customer X comes in with a copyright design of some big company (lets say a famous company like Adidas or something. Lets also assume that I have never heard of Adidas and I believe that it is the customers own work.

Later on if someone catches the customer with a bootleg shirt, is there any effect on me because I was the one who made it for him/her. I'm sure if they do catch him/her he will tell them that I printed it for him/her and I will get all the bad rep even though I thought it was the customers own design. Is there something I have to get the customer to sign before doing the printing that protects me if anything happens. I'm new to all this so every little bit helps. Thanks.

 

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TshirtGuru

Quote: Originally Posted by majikman I have a personalized shirts business (small and on the side). Basically the customer comes in with their design and I print it for them. Sometimes on vinyl sometimes its screen printing. Lets say customer X comes in with a copyright design of some big company (lets say a famous company like Adidas or something. Lets also assume that I have never heard of Adidas and I believe that it is the customers own work. Later on if someone catches the customer with a bootleg shirt, is there any effect on me because I was the one who made it for him/her. I'm sure if they do catch him/her he will tell them that I printed it for him/her and I will get all the bad rep even though I thought it was the customers own design. Is there something I have to get the customer to sign before doing the printing that protects me if anything happens. I'm new to all this so every little bit helps. Thanks.

Yes you can get in legal trouble if you are ever caught in this situation. The best thing to do is add a disclaimer in your sales invoice stating that you are not responsible for anything and that the customer states that all print artwork is of their own, paid for, or licensed. This way if something does happen, you have some proof that the customer may have purposely mislead you.

 

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majikman

Quote: Originally Posted by TshirtGuru Yes you can get in legal trouble if you are ever caught in this situation. The best thing to do is add a disclaimer in your sales invoice stating that you are not responsible for anything and that the customer states that all print artwork is of their own, paid for, or licensed. This way if something does happen, you have some proof that the customer may have purposely mislead you.

Yes that is a good idea. Should I also have them sign something before their order goes through, like something contract like that takes me away from the consequences. Do people usually make customers sign stuff or will this be some new trend I start? Thanks for the comment.

 

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Girlzndollz

There have been other threads on it, but my suggestion to you is if you are looking to have a legal document made, that you consult the proper professionals... the lawyers.

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majikman

Quote: Originally Posted by Girlzndollz There have been other threads on it, but my suggestion to you is if you are looking to have a legal document made, that you consult the proper professionals... the lawyers.

I knew it would come to this. I'm just starting out and don't have that much $ for lawyers. Can't I just make my own contract like document?

 

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Solmu

Quote: Originally Posted by majikman Can't I just make my own contract like document?

Legally, yes. It's just a question of whether or not you understand what you're doing well enough to truly cover your ***, or if you accidentally make an error that invalidates it.

If I was in your situation, I would either draft my own document, or, (preferably) draft one based on similar documents I found online for reference. I'd keep it short, so it's not too much of an imposition on the customer to sign it. I'd partly rely on good faith, and the fact that judges are not monsters and will judge whether or not how the events played out really were my fault. Their job (or the jury's in a larger case) is to assign appropriate blame, not just assume everyone involved is a criminal. If it ever even got that far, which I wouldn't expect it to if I'd acted in good faith.

That's what I'd do, but what you do is really up to you.

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Girlzndollz

Quote: Originally Posted by Solmu Legally, yes. It's just a question of whether or not you understand what you're doing well enough to truly cover your ***, or if you accidentally make an error that invalidates it.

And therein lies the heart of the situation.
Sometimes... "you get what you pay for".

But, another idea, raised from Solmu's post, is that you might try to "save" money by drafting it yourself, and then ask a lawyer to simply review it for you, rather than write it from scratch for you.

Quote: what you do is really up to you.

+1, on this. You are the one that has to assume any and all risk here.

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majikman

Thanks for the replies. Another concern is that sometimes the customers are underage like 12 for example, can I make personalized shirts for them with them signing that contract I'm talking about? I have seen that underage customers are more prone to bringing copyright designs than older customers.

 

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Comin'OutSwingin

Well, then you get into a situation where a minor is signing a contract. It would be difficult to enforce, even if they signed it.

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ino

Simple, just don't sell to minors.

 

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majikman

Quote: Originally Posted by ino Simple, just don't sell to minors.

Minors make a pretty big chunk of the customer range, do I get their parents to sign something?

 

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Comin'OutSwingin

If the parent's sign, make sure it's the parents that pay for the transaction, and not the child.

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TshirtGuru

Quote: Originally Posted by majikman Thanks for the replies. Another concern is that sometimes the customers are underage like 12 for example, can I make personalized shirts for them with them signing that contract I'm talking about? I have seen that underage customers are more prone to bringing copyright designs than older customers.

If you realize they are bringing copyrighted material, turn them away. You don't want to get into that mess. We had a customer wanting 500 shirts of a michael jordan photo on shirts. I immediately asked them if they have had the rights to the photo, they looked blank faced and left lol. I'm sure some printer will do it for them for a quick buck, but not us.

 

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majikman

Quote: Originally Posted by TshirtGuru If you realize they are bringing copyrighted material, turn them away. You don't want to get into that mess. We had a customer wanting 500 shirts of a michael jordan photo on shirts. I immediately asked them if they have had the rights to the photo, they looked blank faced and left lol. I'm sure some printer will do it for them for a quick buck, but not us.

I understand this, of course I would do the same. But the thing is, I am not always up to date on the current logos and designs and street wear out there. Due to this its hard to find out if the customer's logo is theirs or someones copyright. If I recognized the logo I would turn it away immediately, but its the ones I don't recognize that I have a problem with and that's why I created this thread.

 

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TshirtGuru

Quote: Originally Posted by majikman I understand this, of course I would do the same. But the thing is, I am not always up to date on the current logos and designs and street wear out there. Due to this its hard to find out if the customer's logo is theirs or someones copyright. If I recognized the logo I would turn it away immediately, but its the ones I don't recognize that I have a problem with and that's why I created this thread.

Like others have suggested, create a form for the legal gaurdian to sign and pay for if they are underage, the same you would for an adult to sign. Pay a lawyer to have them review it for you.

(Remember, even if they sign the form, you can STILL be sued. You can be sued for anything. But at least you'll have some sort of proof that the customer awknowledges that the print is his/hers). Just use your best judgement.

 

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